Trump is rolling out tariff proposals. How does Congress fit into the process?
President-elect Donald Trump recently announced a plan to impose 25% tariffs on imports from Canada and Mexico and an additional 10% on Chinese goods as leverage to stem illegal immigration and fentanyl into the U.S.
Trump said that he doesn't need the support of Congress to impose wide-reaching tariffs. And while some circumstances provide authority to the executive branch, overall, it's complicated.
Does Congress have to approve tariffs?
The U.S. Constitution clearly defines the legislative branch's power to "regulate commerce with foreign nations, and among the several states" to impose and collect tariffs. But trade lawyers say the White House has some authority to act independently of Capitol Hill, thanks to specific powers granted by the Trade Expansion Act of 1962, the Trade Act of 1974 and the Tariff Act of 1930.
Trump could also declare a national emergency, which would unlock the use of the International Emergency Economic Powers Act to issue financial sanctions ? which he used in his first term. In 2019, he dropped the threat of 5% tariffs against Mexico only after they promised to reduce the number of unauthorized immigrants into the U.S.
The incoming president's recent comments could result in a challenging four-year trade war, similar to his first term, which saw tariffs of 7.5%-25% and disruption of global supply chains.
President Joe Biden on Thursday said he hoped Trump would rethink his plan to impose tariffs on Mexico and Canada, saying it could "screw up" relationships with close allies, according to Reuters.
"I hope he rethinks it. I think it's a counterproductive thing to do," he told reporters in Nantucket.
"We're surrounded by the Pacific Ocean, the Atlantic Ocean, and two allies: Mexico and Canada. The last thing we need to do is begin to screw up those relationships."
Contributing: USA TODAY's Kinsey Crowley, Kim Hjelmgaard and Lauren Villagran; Reuters
This article originally appeared on USA TODAY: Does Trump need the approval of Congress to impose tariffs?